Cuellar et al v. Alamillo et al

Filing 38

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTEShow Cause Response due by 12/28/2010. Signed by Judge Paul S. Grewal on December 15, 2010. (psglc2, COURT STAFF) (Filed on 12/15/2010)

Cuellar et al v. Alamillo et al

Doc. 38

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

JUAN CARLOS CUELLAR, et al.

) ) Plaintiffs, ) ) v. ) ) ANTHONY FIDEL ALAMILLO, et al., ) ) Defendants. ) ___________________________________ )

Case No.: C 09-4047 PSG ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

This case was originally assigned to District Judge James Ware. On September 10, 2010, the parties filed a Joint Pretrial Statement, in which they consented to Magistrate Judge jurisdiction. Thereafter, the case was reassigned to the undersigned. A case management conference was scheduled in this matter for December 14, 2010. None of the parties appeared. Additionally, none of the parties filed a case management conference statement pursuant to Civ L.R. 16-9. Under Federal Rule of Civil Procedure 41(b), if the plaintiff fails to prosecute or to comply with these rules or a court order, the court may dismiss the action sua sponte. Link v. Wabash R.R. Co., 370 U.S. 626, 630, 82 S.Ct. 1386, 1388, 8 L.Ed.2d 734 (1962). Accordingly, Plaintiffs are ordered to show cause why the case should not be dismissed for failure to prosecute. Plaintiffs shall

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respond in writing no later than December 28, 2010. IT IS SO ORDERED.

Dated: December 15, 2010 PAUL S. GREWAL United States Magistrate Judge

OR D E R, page 2